$470,000 Award Upheld in Connecticut Truck Accident
The Connecticut State Supreme Court upheld a $472,048 judgment for a former fire captain who sued the Connecticut Department of Transportation. The man was driving a truck when he came around a curve to find a Department of Transportation truck parked on the road. The man lost control of his truck when he tried to swerve in order to avoid the DOT truck; instead, he sustained severe head injuries in a truck accident by striking a guardrail and flipping his vehicle.
The lawsuit he filed against the state claimed negligence. The interesting aspect of this lawsuit is that the man did not recall the accident events after he sustained the resulting head injuries. He simply could not remember anything that happened. However, a woman following closely behind the man’s truck witnessed the entire accident and testified on his behalf at trial. This shows how important it really is to observe the scene of an accident and contact witnesses, or in the case of this man, to contact the police to find out if anyone was at the scene that claimed to witness the incident.
Pain and suffering, lost wages and medical bills were compensated.
The DOT truck in this case was classified as a fixed object. Fixed objects, such as guard rails and telephone poles, account for almost 40 percent of fatal accidents in Missouri every year. Typically fixed object truck accidents result when a driver loses control of his/her vehicle, colliding with such objects. However, in this case the court found that the man lost control because of the fixed object itself.
The DOT truck was found by the court to have been a dangerous obstruction, catching the truck driver off guard and causing the truck crash. Because the state owned the vehicle and did not display any warning signs either before or at the location where their truck was parked, they created dangerous roadway conditions.
The state was found negligent here because they have a duty to prevent unsafe public roadways and facilities to the general public. By allowing their truck to remain parked on a public road without warning signs, the state created a perilous situation; meaning, they breached their duty of safety to the public. In this instance, that breach of duty directly caused the man to get into a truck accident and suffer severe head injuries.
The state was not only found liable but was also frowned upon for directing other state road workers to move the truck and install warning signs at the accident sight after the accident occurred, appearing as if the truck were never on the road and the public was adequately warned of a dangerous situation.
Often in cases involving Missouri truck accidents, truck companies and their insurance companies will partake in similar deceptive practices to avoid costly injury fees. An experienced truck accident lawyer will be able to handle these situations and will have his/her own accident investigation team to make sure evidence is secured in your defense.
As an experienced personal injury attorney and partner of Page//Cagle law firm, I have handled truck accident cases my entire career. I am happy to discuss your case with you and answer any questions you may have. You can reach me 24 hours a day at 314.322.8515 or toll free at 1.800.500.INJURY (4658).
The call and consultation are free, and you don’t pay anything unless you recover. You can email me at john@pagecagle.com or visit my website, www.TruckAccidentLawGroup.com, for more information. I look forward to speaking with you.
